Articles

by Hanan M. Isaacs, M.A., J.D. On November 22, 2004, Acting Governor Richard J. Codey signed the Uniform Mediation Act-New Jersey (“UMA-NJ”) into law, the culmination of seven years of effort by the national and New Jersey dispute resolution communities. The UMA-NJ, now codified at P.L. 2004, Chapter 157, N.J.S.A. 2A:23C-1, et seq., received support…

In Lerner v. Laufer, 359 N.J. Super. 201 (App. Div.), certif. den. ___ N.J. ___ (2003), the Appellate Division established for the first time in New Jersey’s legal history the appropriate balance between clients’ rights to and interests in (1) self-determination and (2) informed consent. It also determined that a lawyer’s duty of zealous advocacy…

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Since January of 2002, our Supreme Court has conducted a divorce mediation pilot program in seven counties. As stated in Appendix XIX to the Rules of Court, incorporating Rule 1:40 by reference, the pilot is now limited to post-Matrimonial Early Settlement Panel cases, unless the parties specifically request earlier referral. This article compares and contrasts…

Introduction Mediation, whether court-connected, court-referred, or purely private, involves facilitated negotiations by a third party neutral. The neutral’s goal is to assist disputing parties in reaching voluntary, fully informed, and mutually accepted results. Mediation attendance may be voluntary or court-mandated. However, the outcome is binding only if the parties reach agreement and incorporate their settlement…